63. PETER RAINER was indicted for stealing, on the 2d December , at Chiswick , one gelding, price 10 l.; one saddle, value 5 s., and one bridle, value 2 s., the goods of John Marlin ; one whip, value 1 s., and the sum of 4 s., in monies numbered , the property of William Walker .

WILLIAM WALKER . I am the driver of a post-chaise for John Marlin , who keeps the White Hart, public-house , at Bagshot. On Wednesday, the 1st of December, about ten o'clock, I drove from Bagshot to Farnham. The prisoner came into the Bush, public-house, at Farnham, and asked for a bed; I had stopped there for refreshment as I returned home; they objected to let him have the bed, and said they never took servants in without their masters were with them. He went down the town, and I drove away. I rode to the end of the town outside; he jumped up behind at the end of the town, and rode about a mile - I did not object to it. I then took two men up to take to Faruborough, he then came in front of the chaise, and said he would give me 1 s. 6 d. to take him to the White Hart, public-house, at Bagshot; he got in with the other two men. I drove to the Tumbledown Dick, public-house, at Farnborough; the two men got out, and I rode on with the prisoner. I asked him for the fare; he said he would not pay me till he got to the White Hart. I drove on with him; I was outside when I came to Rushey Bottom, which is two miles and a half from Bagshot; he let down the blinds and said

"Stop! let me out." I said,

"I was going to stop a little farther on;" he jumped out, caught hold of the horse's head, stopped them, told me to get off the dickey, and said

"Deliver your money or I will have your life." He presented a brace of pistols at my head. I delivered him three shillings and three sixpences, one was a crooked one. I said he might have the silver if he would let me have my purse. He kept the pistols at my head, and said he would blow my brains out. I gave him the purse; he said,

"Now I want that horse, take it out of the chaise, and put the saddle on;" I did so. He said,

"Give me the whip out;" I did so; the horse kept kicking; I gave him my short whip, and he mounted the horse and rode off. As he was going off he turned round; I got into the chaise after the whip; he put the pistols in at the window, but said nothing. I drove on to a little house with one horse, and left the chaise with a man. The coach came by; the guard jumped on my other horse and rode after him; he was apprehended at Turnham-green. I found my master's horse, bridle, saddle, and my whip there. I am sure he is the man.

Prisoner Q. I had no pistols; are you sure of that - A. Yes; he presented them to my head.

Q. Did I snap them at you - A. No.

Q. I took the horse, but I took no money of you - A. Yes, you took three shillings and three sixpences.

ANDREW MURRELL . I am a bricklayer. I was coming from home, and heard a piece of work between the prisoner and another at Turnham-green; he said he had not stolen a horse; I caught hold of his horse; he dismounted and then went into the Packhorse, public-house. He went through the passage into the yard, climbed over the wall into a common, and then into a field. I kept looking after him about the privy and places, but could not find him; the people said he had scaled the wall. I got a horse, went after him, and caught him in the field about half a mile from the Packhorse. I believe the other man took the horse.

Q. That person was the guard - A. He was on the other horse. I brought the prisoner back to the Packhorse.

Prisoner Q. You never collared me - A. Yes; I collared him; he said let go. I said I will, and will see you righted if you will go with me.

CHARLES GAMMON . I am a constable of Kensington. I was sent for to the Packhorse, public-house, and took the prisoner into custody. I found about a quarter of a pound of gunpowder, some shot, and two pieces of black crape on him, but no pistols. I also found one crooked and one bad sixpence on him, which the prosecutor says are his. I have brought the horse to the New Inn; I was present when Walker saw and claimed it. A whip was given to me. I asked him how he could do such a thing? he appeared careless about it.

WILLIAM WALKER . I saw the horse in the possession of Gammon on Saturday night; it is my master's property, and the horse I spoke of; the saddle and bridle were with it.

Prisoner's Defence. I did not take the horse with any bad intention, nor had I the powder with a bad intent; I had no weapon, and took nothing from the man. I told him to give me the horse, and he did.